Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-05-13
RIGHTS OF HoMEsTEADERs.
President Cleveland Declares
Against Railroad Land
Grabbing.
The Secretary of the Interior Receives
Instructions as to How He Shall
Proceed.

The President has addressed the follow
ing letter to the Secretary of the Interior,
relating to the controversy between the
Northern Pacific Railroad and settler in
Washington Territory:
DEAR SIR. 1 have examined with much
care and interest the questions involved in the
conflicting of claims Of Guilford L. Miller ana
the Northern Pacific Railroad Company to Ger
tain public land in Washington Territory. The
legal aspects Of the case have been examined
and passed upon by several officers OF tho Gov
ornment, who do not agree in their conclusions
Miller claims to be settler upon the land in
! question, whose possession dates from 1878;
improvements upon this land and cult
waited the same, and it appears that he
fled his claim to the Same under the
homestead law on the 10Th day Of Decem-
that this land is within the territory or area
from which it was entitled to select such a
quantity Of public land as might be necessary .N
10 supply any deficiency that should be found
to exist in the specified land mentioned in q
grant by the Government to said company in
aid Of the construction Of the road, such def
cheney being contemplated as likely to arise
from the paramount right to private parties and
settlers within the territory embracing said
granted lands, and that the land i'll dispute was
December, 1888
A large tract. including this land. was with
BY order 1 Of the Interior nd
entry in 1877 i'll anticipation of the con-
struction of said railroad, and deficiency
in its granted lands. In 1880, upon the filing
of a map of definite location of the road, the
land i'll controversy, and much more which
had been SO withdrawn, found to lie
outside OF the limits which included the
granted land but its withdrawal and reserva-
tion from settlement and entry under our land
| laws was continued upon the theory That it
| was within the limits of indemnity lands which
| might be selected by the company MS provided
in 1p In W OOiNtS
| in this contro, orsy turned upon the validity
| and effect of the withdrawal and reservation OF
| ney General is Of the opinion that such with
| drawal and reservation ut NIL timos
etfectual, and they. operated to prevent
Miller from acquiring any interest IT,, in !, or 3l
| Interpretation of the law, and tho former or
ders and action of the Interior Department. it
will DO seen that the effect has been the with
drawal and reservation since 1872 OF thousands
| if not millions OF acres of these lands from the
operation of the land laws OF the United States,
thus placing them beyond the reach of our citi-
| make homes upon the same, ind that this has
been done for tho benefit of IL railroad company,
having no fixed certain, nor definite interests in
| and intention of the Government in relation to
| the public domain have for oil these years to
that extent been thwarted There seems to be
| no evidence presente l showing how much, if
any, of this vast tract is necessary for the full
| fillment of the grant to the railroad company.
| nor does there appear to be any limitation OF
the time within which this fuct should be made
years this largo body of the public do
main is still held in, reserve to the
exclusion of Settlers for tho convenience of
q corporate beneficiary of the Government and
awaiting its selection, though it is entirely GER
tain that much of the reserved land can never
be honestly claimed by said corporation Such
condition of the public lands should no longer
continue. So fur us it is the result of executive
rules and methods these should be abandoned,
ana SO far as it is d consequence of IMPROVE
dent laws these should be repealed or amended
Our public domain is our national wealth, the
earnest of our growth, and the heritage OF our
people. 1t should promise lilnitless develop
ment and riches, relief to crowded population
and homes OF thrift and industry. These ines.
smane Should be jealouny guard
part of the Government should secure them to
| the people.
In the case under consideration assume that
there is an abundance Of land within the area
which has been reserved for indemnity, in
which no citizen or settler has legal or equit-
able interest. for oil purposes of such indem-
nitication to this railroad compnny-if its grant
has not been already satisfied understand
too that selections made by such corporations
nrc not complete and etfectual until the same
have boon approved by the Secretary of the In
terror, or unless they nre made in tho words OF
the statute, under his direction You have thus
far taken no action in this matter, and it seems
to me that you u @ in Il condition to deal with
~
settler from hardship and loss
| transmit herewith tho papers and docu-
ments relating to the cases which submit
ted to me ut my request. suggest that you OK.
ercise the power and authority you have in the
premises, upon equitable consideration with
every presumption and intendmcnt in favor OF
the settler. and. in case you find this corpora
tion ia entitled to select any more Of thesn lands
than it has already acquired, that you direct il
to select, in lieu of the land upon which Mr.
Miller has settled, other land within the limits
OF this indemnity reservation, upon which
neltner ne nor any other citizen has in good
faith settled or made improvements
I call your attention to Sections 24.O and o45l
OF the Revised Statutes OF the United States as
pointing out mode of procedure which may
perhaps be resorted to if necessary TO. the pur.
pose OF reaching a just and equitable disposition,
OF the case. The suggestions herein contained
Gun, believe. be adopted without dsregur!ne
or calling in question the opinion of ths Ator.
ney General upon the purely legal propositions
truly, GRoyFR c1rynI, Avn
To the Secretary of the Interior Washincto,n
The Significance of the Letter,